PETITIONER: THE DIRECTOR OF TRIBAL WELFARE Vs. RESPONDENT: LAVETI GIRI & ORS. DATE OF JUDGMENT: 10/03/1997 BENCH: K. RAMASWAMY, G.T. NANAVATI ACT: HEADNOTE: JUDGMENT:
O R D E R
In Kumar Madhuri Patil v. Addl. Commissioner, Tribal
Development[(1964) 6SCC 241], this Court had issued
guidelines for the officers to issue caste certificates to
the scheduled Castes and scheduled Tribes for the purpose of
admission to educational institutions and also employment to
a post or office under the state. When the similar matter,
viz, Director of Tribal Welfare, Government of A.P v. Laveti
Giri & Anr. [(1995)4 sec 32] had come up before the Court,
thie court reiterated the guidelines in paragraph 7
indicating the manner in which the applications were
required to be disposed of. In paragraph 8, also it was
indicated that the Government of India would come forward
with uniform legislation and necessary guidelines
prescribing penal action against persons who violate such
guidelines or obtain false caste certificates, which is a
fraud on the constitution and defeat the constitutional
objectives.
The Andhra Pradesh State Legislature has enacted the
Andhra Pradesh( scheduled Castes Scheduled Tribes and
Backward Classes) Regulation of Issue of Community-
Certificates Act, 1993 (16 of 1993) (for short, the ‘Act’)
which came into force with effect from september8,1993. The
above Act came to be made pursuant to a direction issued by
the Andhra Pradesh High Court. The Act regulates isuance of
community certificates to the Scheduled Castes, Scheduled
Tribes and Backward Classes (for short, the ‘Dalits’ ,
‘Tribes’ and ‘OBC’). Section 3 prescribes procedure for
making application. Section 4 prescribes competent
authority to issue such certificataes, section 5 prescribes
procedure for canceellation of the false certificates.
Section 6 lays the burden of proof of status of caste on the
claimant. Section 7 provides for right of appeal and review.
Section 8 gives power of revision to the Government in the
prescribed manner.Section 9 gives power to the competent
authority to avail the appropriate provisions in C.P.C while
conducting the enquiry. Sections 10 to 16 deal with the
penalties, offences and also the trial and cosequent
punishment etc. thereoof . Section 17 bars the jurisdiction
of the Civil Court to take cognizance of the matters coming
under the Act or the power to issue any injuction in that
respection. Section 18 prorects the officers who act in good
faith. Section 19 gives overriding power over other laws and
section 20 gives the rule making power to the state
Government.
The petitioner has filed the present application for
directions or clarifications, since, according to the
petitioner, the guidelines issued by this court are
required to be worked out within the framework of the above
Act . Accordingly, by order dated August 20, 1996, this
Court directed the state Goverment to make rules in
conformity with the Act and the guidelines issued by this
Court , as far as possible, they need to be in line
therewith. If they are not in conformity , then the matter
can be looked into after the rules are made part of the
record. In frutherance thereof, the A.P Scheduled Castes,
Scheduled Tribes and Backword classes Rules for Issue of
Community Certificates, 1997 (Draft Rules) have been made.
Rules 1 to19 deal with the manner, method and issuance of
the certificates, cancellation of false certificates,
cancellation of false certificates, procedure for
verification, burden of proof of the claims, scrutiny and
review by the committees. Rules 7 and 8 are relevant for
this purpose .
Rule 7 provides for constitution of Scrutiny and Review
Committee at the State level and Rule 8 deals with Scrutiny
Committee at the District Level.
They are as under:
“7. Scrutiny and Review Committee (state level):
A Scrutiny and Review Committee shall be constituted at
the stated level with the following officers:
a).1) Principal secretary to Government — Chairman
2) Commissioner, social Welfare — Member
3) Commissioner, Tribal welfare — Member
4) Commissioner,
Welfare of Backward Classes — Member
5) Inspector General of police,
C.B.C.I.D.(P.C.R & Vigilance Cell) — Member
6) Additional Secretary / Joint Secretary/
Deputy Secretary to the Government social welfare
Department – Member
b). This Scrutiny and Review Committee shall meet once in
there months or as often, depending on the necessity.
c). Presence of three members will form the required quorum
for the meeting of the Committee.
d). This Committee shall review and monitor the functioning
of the Scrutiny Committees at the District
level(constituted under Rule 8), it shall render
necessary advice to the Government on various policy
decisions to be taken for streamlining the procedures
or on any other issues related to the issuing of
Community Certificates as Per Act 16 Of 1993.
e). The Committee may also render necessary guidance and
advice to the Government on cases referred to it, where
divergent and conflicting enquiry reports are received
by the Government, in respect of the community claims.
8. SCRUTINY COMMITTEE (DISTRICT LEVEL)
a). In every District, a Scrutiny Committee shall be
constituted with the following officers:-
1. Joint collector -- Chairman
2. District Revenue Officer -- Member
(Convenor)
3. Deputy Director -- Member
(social Welfare)
Deputy Director
(Tribal Welfare)/ District Tribal
Welfare officer.
Deputy Director -- Member
(Backward Classes welfare)/
District Backward Classes
Welfare officer
4. Officer of the Research -- Member
Organisation in the
Commissionerate of SW/TW
nominated by the concerned
Heads of the Department.
5. Officer representing the PCR/ — Member
Vigilance Cell in the District
(b) The Scrutiny Committee shall meet at least once in a
month or as often, depending the case referred to it.
(c) Presence of three members will from the required quorum
for the meeting of the committee.
(d) (1) The Scrutiny Committee, on receipt of the cases
referred to it by the Competent Authority under Rule 5(i),
shall conduct enquiry regarding the doubtful within the
period specified in the notice. This period should not be
less than 15 (fifteen) days from the date of service of the
notice on the applicant and in no case, on request, more
than 30 (thirty) days should be allowed. This notice shall
be served on the applicant through the Competent Authority
who referred the case to the committee.
(2) The notice referred to in Form – V shall be served on
the parent/guardian in case the applicant is a minor.
(3) Where the person on whom a notice in Form-V is served
by the scrutiny Committee fails to respond on the data
mentioned in the notice, the Scrutiny Committee May finalise
its recommendations based on the material/documents/evidence
made available to the Committee by the Competent Authority.
(4) The Scrutiny Committee shall cause enquiry, following
the due process of law, to verify the genuineness or
otherwise of the information furnished or recorded from such
persons as called in enquiry as per Form V. It shall also
cause to collect documentary evidence/ or any other related
evidence about the correctness or otherwise of the
information furnished or objections raised by any person
during the enquiry.
(5) The Scrutiny Committee may examine the school records,
birth registration certificates, if any, furnished by the
persons during the enquiry. It may also examine any other
person who may have knowledge of the community of the
applicant . With reference to the claims of Scheduled
Tribes, it may examine the anthripolotical and ethnological
traits, deity, rituals, customs, mode of marriage, death
ceremonies/method of burial of dead bodies etc., of that
particular tribe, to finalise its recommendations to the
Competent Authority.
(6) The Scrutiny Committee should give reasonable
opportunity to the applicate to produce evidence in support
of their claim. A public notice by the beat of drum or any
other convenient mode, may be published in the village or
locality of the applicant and if any person or association,
opposes such a claim, opportunity produce evidence in person
before the committee may be given to him or her. After
giving such an opportunity to that person, the Committee
may made such enquiry as it deems expedient and finalise its
recommendations, with brief reasons in support thereof, to
the Competent Authority.
(7) The Scrutiny Committee may examine the report of
enquiry conducted by the Revenue Department furnished to it
by the Competent Authority. it may also obtain expert
opinion from the Commissionerate if SW/TW through the
officers of the Research organisations of these
Commissionerates who are the members of the Scrutiny
Committee, if deemed necessary. These enquiry reports may be
compared and then recommendations of the Scrutiny Committee
may be finalised as to whether the community claim of that
applicant is found to be false or genuine.
e) The Chairman of the Scrutiny Committee claim of the
person in question or his or her children, is genuine or
false with reasons thereof, within 45 days from the date of
the receipt of the case referred to it by the Competent
Authority.”
Provisions have ben made for appeals and review etc.
Rule 15 Prescribes action in case of false claims. Validity
of Integrated Community Certificate has been dealt with in
Rule 16. In case of loss of the original, Rule 17 empowers
the officers to issue duplicate caste certificate. Rule 19
deals with Provisional admission or appointment pending the
issuance of the caste certificates. Rule 20 repeals the
existing Rules. Rule 21 saves the action taken etc.
Schedules have been appended to supplement the rules.
A reading of the Rules would indicate that except some
variation, in the matter of the constitution of Committees,
in Rules 7 & 6 from the guidelines issued, all other
provisions are in conformity with the guidelines issued by
this court.
Though Shri Rao seeds to contend that notice may be
issued to the central Government and other state Governments
to make rules on par with above for finalisation of the
rules so as to be uniformly applicable throughout the
country, we think that we need not undertake such exercises.
It would be for the Central Government to appropriately deal
with the matter by giving some leverage to the State
Government to modulate the rules conformable to the above
law and the guidelines, as far as possible, to suit the
conditions prevailing the state concerned so that they
could be worked out in systematic manner without any
difficulty in implementation.
Under the circumstances, we are of the view that the
draft rules placed before us are substantially conformable
to the directions issued by this Court . We, therefore,
direct the State Government to have them published in the
State Gazette and enforce the Act and the Rules in the light
of the law laid down by this Court.
The application is accordingly ordered.